GOMO CAST Terms & Conditions

1. About these Specific CAST Terms and Conditions

1.1 These Specific CAST.SG Terms and Conditions (“CAST Terms”) apply to residential customers who have purchased and/or subscribed to our CAST Services (e.g. purchasing or subscribing to Apps offered on the CAST.SG Website, using the CAST.SG Website and/or CAST App to access CAST.SG-related services etc).

1.2 Our Agreement with you. These CAST Terms, together with the General Consumer Terms and any other terms which we may agree with you from time to time, form the terms of the contract between you and Singtel (collectively, 'Service Agreement'). You agree to be bound by and shall comply with all the terms of your Service Agreement with us. These CAST Terms are without prejudice to and shall not limit in any way the rights and protections conferred on us and the obligations and liabilities imposed on you under the General Consumer Terms and such other terms and conditions as may be accepted by you in connection with your access and use of the CAST Services.
 

1.3 Definitions and Capitalised Terms. Unless the context otherwise requires, capitalised words and expressions not defined in these CAST Terms (including the definitions set out below in Section D), shall have the meanings set out in the General Consumer Terms.
 

1.4 These CAST Terms are set out as follows:
 

(a) Section A covers general CAST Services and where applicable, generally apply to all users of our CAST Services;
 

(b) Section B covers the Apps offered on the CAST.SG Website;
 

(c) Section C covers the terms and conditions relating to your use of the CAST App; and
 

(d) Section D sets out definitions applicable to these CAST Terms.
 

1.5 Section A of these CAST Terms shall, where applicable, generally apply to all users of our CAST Services. If there is any conflict or inconsistency between (i) Section A and (ii) Section B or Section C of these CAST Terms, the terms in Section B or Section C shall prevail over Section A to the extent of such conflict or inconsistency.

1. Your CAST Account
 

1.1 You may use the CAST Services in two (2) ways:

(a) as a value-added service ('VAS') to your existing subscription to a GOMO Service or
 

(b) as a standalone Singtel service paid through credit card on CAST.SG.
 

1.2 Creating your CAST Account. To use any CAST Service, you must be at least 21 years of age, will need to create a CAST account with us ('CAST Account') via the CAST.SG Website and provide us with your Singapore mobile number, email address, credit card details (if credit card is selected as a Payment Method), and such other information we may reasonably require from time to time.
 

1.3 Managing your Subscriptions. You may manage all your subscriptions to any of your CAST Services via your CAST Account on the CAST.SG Website.

2. Billing
 

2.1 Payment Method. The monthly subscription fees for the Apps you have subscribed to or purchased on CAST.SG and any other charges you may incur in connection with your use of the CAST Service will be charged to the payment method specified under your CAST Account. We offer the following payment methods ('Payment Method'):
 

(a) via GOMO;
 

(b) credit card; or
 

(c) such other payment method(s) as we may prescribe from time to time.
 

2.2 Billing Cycle.
 

(a) If you have opted for GOMO as your Payment Method, your billing period will be as stated in your bill.
 

(b) If you have opted for credit card as your Payment Method, you will receive a recurring charge for your App subscription on a prepayment basis at the start of the relevant subscription period for each App. We may place an authorisation hold on your credit card in anticipation of subscription or service-related charges, including for amounts of up to approximately one (1) month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect this authorisation hold during your free trial period.
 

(c) You may check your CAST Account to view your next payment date.
 

2.3 GST. Unless stipulated otherwise, all charges under these CAST Terms and in the CAST.SG marketplace are inclusive of GST. Prices will be adjusted according to the prevailing GST rates.

3. Termination of CAST Services
 

3.1 Termination of CAST Service. You may terminate your subscription to any CAST Service anytime via your CAST Account.
 

3.2 Termination of GOMO Service. If you are using the CAST Services as a VAS to an existing GOMO service, your CAST Services will terminate automatically upon termination of your existing subscription to the relevant Singtel service.
 

3.3 No Refund. To the extent permitted by Applicable Law, all payments made are non-refundable notwithstanding termination of any CAST Service and we do not provide refunds or credits for any partial-month subscription periods or unwatched content (i.e. you will be required to pay the full fees for the billing cycle in which termination occurs and no refunds will be made for any unused period).

 

4. Fair Usage Policy
 

4.1 You agree to, and shall procure that any person you allow to use the CAST Services shall:
 

(a) use the CAST Services for personal and non-commercial purposes only, and not for any commercial, unlawful or illegal activity or purpose (including commercial distribution);
 

(b) use the CAST Services in compliance with these CAST Terms or such directions as we may specify from time to time;
 

(c) not use the CAST Services in a manner which may affect us or any of our equipment, network, servers, systems, and/or other services, or any other party’s access to and use of the CAST Services or any other service provided by us;
 

(d) not assist, cause, permit or authorise any person to, at any time to copy, upload, post, publish, transmit, reproduce, or distribute in any way or manner whatsoever information, software, or other material, which contain or may contain any thing which is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful, or which violates any Applicable Law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any applicable proprietary, privacy, publicity or other rights of any person (including Intellectual Property Rights);
 

(e) not use the CAST Services in any manner which will result in us, you, or any other person you allow to use the CAST Services, breaching any Applicable Law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;

(f) provide true, accurate and complete information to us in connection with your access to and use of the CAST Services, and you shall promptly notify and update us in the event of any change to such information (in such form and with such valid supporting documentation as may be required by us from time to time);
 

(g) at all times when using the CAST Services comply with these CAST Terms and all Applicable Laws and directions, orders and requirements of (including guidelines, procedures, policies and regulations which may be prescribed, introduced, varied and/or amended by) any applicable regulatory authority and / or law enforcement body;
 

(h) take, obtain and maintain in force all necessary action and permits, licences, approvals, consents, waivers and exemptions for your entry into and performance of your obligations under these CAST Terms and to access and use the CAST Services; and
 

(i) assist and cooperate with us in connection with any investigation or action taken by us in accordance with these CAST Terms (including our rights to investigate any complaints, reported breaches or unlawful activities, and to take any action we consider appropriate).

 

5. Intellectual Property Rights
 

5.1 All Intellectual Property Rights in or relating to the CAST Services and CAST Material (including information, communications, software, texts, graphics, links and sound) belong to us and/or our related corporations, content providers and/or third party licensors. Nothing in these CAST Terms shall be construed as granting you, and you shall not in any event be entitled to, any licence or right to use any such Intellectual Property Rights without the prior written consent of the relevant holder of such Intellectual Property Rights. Any right not expressly granted herein is reserved.
 

5.2 You shall not, and shall not assist, cause, permit or authorise any party to tamper, reproduce, modify, store, copy, use, transfer, distribute, republish, download, post, transmit, translate, pledge, sublicence, rent, lease, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operates or supports, or create any derivative works based on, any CAST Material (including its user interfaces), in any form or by any means, without the prior written permission of the relevant copyright holder for any purpose whatsoever. For the purposes of these CAST Terms, 'reverse engineer' includes the examination or analyses of any CAST Material to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of any CAST Material. The source and object code of the CAST App and CAST Website constitute a trade secret of ours and must not be accessed, examined or shared without our prior written consent.
 

5.3 You hereby grant us a worldwide, royalty-free, perpetual licence of the copyright and Intellectual Property Rights in all information and material which you provide to us in accessing and using the CAST Services for any purpose we deem fit (including the copying, transaction, distribution and publication thereof).

 

6. Other Legal Terms

6.1 Compliance with Laws. You agree to use the CAST Services, and shall procure that any party you allow to use the CAST Services, will use the CAST Services in compliance with Applicable Laws and such other guidelines and requirements issued by any applicable regulatory authority or law enforcement body from time to time.
 

6.2 For use in Singapore only. The CAST Services are only available for access, download and use in Singapore only. We make no representation that the CAST App (or any aspect thereof) is lawful, appropriate or available for use in other locations or jurisdictions.
 

6.3 You agree that the caching, hyperlinking to and framing of any part of the CAST Services (including the CAST App) are strictly prohibited, and you shall not, and shall not assist, procure or cause any party to do or omit to do any thing which may constitute any of such activities.
 

6.4 Removal of Inappropriate Content. If applicable, we shall be entitled to at any time disable any links to or frames of any website or mobile application, and to remove or not publish any content, material or comments, containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any Applicable Law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any applicable proprietary, privacy, publicity or other rights of any person (including Intellectual Property Rights).
 

6.5 Investigation of Breaches. We shall be entitled to at any time investigate complaints or reported breaches of these CAST Terms or any matter referred to in these Terms, and to take any action we consider appropriate, including reporting any suspected unlawful activity to law enforcement officials or regulators and disclosing any information necessary or appropriate to such person.
 

6.6 Notifications to you. Notwithstanding any provision in these CAST Terms which require us to, or envisage that we will, give notify or inform you of any matter, we may nevertheless not notify or inform you of such matter if we consider in our sole and absolute discretion that notifying or informing you of such matter will or may cause (i) us to be in breach of any Applicable Law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body and/or (ii) any prejudice to any investigation or proposed investigation by any person (whether us, any regulatory authority or law enforcement body, or otherwise).
 

6.7 Set-off. Without prejudice and in addition to any right of set-off to which we are otherwise entitled, we may, at any time, upon written notice to you, set-off any amounts owing by you to us against any amounts which we owe to you. Notwithstanding the foregoing, in the event that you breach any provision of these CAST Terms, we may perform such set-off without notice to you.
 

6.8 For use in Singapore only. The CAST App is available for download and made available for access and use in Singapore only. We make no representation that the CAST App (or any aspect thereof) is lawful, appropriate or available for use in other locations or jurisdictions.
 

6.9 'As is' Basis. You acknowledge and agree that the CAST Services, CAST App and all App Content is provided to you on an 'as is, as available' basis. Notwithstanding any other provision of these CAST Terms, nothing in these CAST Terms, the CAST Services, Cast App or any App Content constitutes or should be regarded as an offer or solicitation on the part of us to provide any products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the local law or regulation does not permit the purchase of, subscription for or other use of such products or services.
 

6.10 You agree that the caching, hyperlinking to and framing of the CAST App (or any aspect thereof) are strictly prohibited, and you shall not, and shall not assist, procure or cause any party to do or omit to do any thing which may constitute any of such activities.
 

6.11 Determination by us. Any determination or decision that we may make and any opinion, view, or consideration which we may have under these CAST Terms may be exercised, made or arrived at (as applicable) in our sole and absolute discretion, and we shall not be required to provide any reason or explanation for our determination, decision, opinion, view or consideration. Without prejudice to the foregoing, any reason or explanation provided by us is for information only, shall not be binding on us, and does not constitute any representation, warranty or undertaking as to future action or otherwise.

6.12 Discontinuation of CAST Services. Subject to Applicable Laws, we reserve the right to discontinue any CAST Service at any time with no liability to refund or compensate you in respect of such discontinuation. We will endeavour to provide at least three (3) months’ prior notice to you of such discontinuation or termination.
 

6.13 Singtel Data Protection Policy. You agree that we shall be entitled to collect, use or disclose any information or data disclosed by you in using our CAST Services in accordance with our General Consumer Terms and Singtel Data Protection Policy. You are entitled to withdraw such consent in the procedure as prescribed by us under the Singtel Data Protection Policy from time to time.
 

6.14 Variation of CAST Terms. Subject to Applicable Laws, we reserve the right to amend these CAST Terms (including any fees and charges for any of the CAST Services) at any time without prior notice to you. You shall be bound by the amended CAST Terms, and your continued usage shall constitute your deemed acceptance of the amended CAST Terms.

1. Overview of the Apps offered on GOMO

1.1 We offer the following Apps on GOMO (as may be updated by us from time to time):

2. Tiered Discounts
 

2.1 Calculation of Tiered Discount. You may enjoy the following tiered discounts on your App subscription fees ('Tiered Discount') based on the number of eligible Apps you purchase or subscribe to on CAST.SG:

The Tiered Discount is calculated based on the number of active App subscriptions reflected in your CAST Account as at the date each monthly bill cycle is due.
 

2.2 Eligible Apps. Unless otherwise stipulated by us, all Apps with a recurring monthly subscription are eligible for the Tiered Discount. 

2.3 Application of Tiered Discount. The Tiered Discount will apply to the bill cycle subsequent to your purchase of the relevant App(s), and to all subsequent bill cycles as long as you fulfil the criteria under this Clause 2.

2.4 CAST.SG promotions: For Apps on CAST.SG offered with discounts, free trial period or other promotions (‘Promotions’), the following terms and conditions shall apply unless otherwise stated:

(a) Promotions are available to new users or first-time sign-ups only, unless otherwise stated.
 

(b) All prices stated are inclusive of GST, unless otherwise stated.
 

(c) Upon expiry of the promotional period, the subscription plans shall be chargeable at the respective prevailing rates of monthly subscription of the relevant Apps.
 

(d) Subscription to Apps on CAST.SG are on a pre-payment basis.
 

(e) Recurring subscription plans are on an auto-renewal basis unless cancelled by you, prior to the next billing date.
 

(f) GOMO may vary, amend or withdraw any Promotion and/or these terms and conditions at its sole discretion without prior notice.
 

(g) GOMO’s decisions on all matters pertaining to the Promotions shall be final and binding.

(i) In the event of any inconsistency between these terms and the terms of a specific Promotion, the terms of the specific Promotion shall prevail.

1. Eligibility for using the CAST App
 

1.1 Eligibility. You acknowledge and agree that that in order to download, access and use the CAST App, you are required to at all times to comply with the provisions of these CAST Terms, and you represent and warrant to us that:
 

(a) you are of 21 years of age or above and are legally capable and permitted to accede to these CAST Terms;
 

(b) you have a valid CAST Account;
 

(c) you have downloaded the CAST App from an Appstore;
 

(d) you are downloading and using the CAST App on a device which meets or exceeds such mobile platform operating system requirements and specifications as we may specify from time to time, and do not contain any upgrades, modifications, applications, chips or other things that may render such handset or device incapable of supporting the CAST App;
 

(e) you have put in place certain connections (such as connections to the Internet, whether via wireless connection, mobile data, or otherwise); and
 

(f) you shall not at any time be in arrears of any payments due to us.

 

2. Download Feature
 

2.1 Without prejudice to Clause 1.1 above, you acknowledge and agree that the Download Feature may only be accessed and used if:
 

(a) you are using a version of the CAST App which is version 1.0 or later; and
 

(b) for the purposes of downloading the relevant Video Content:

(i) the device on which you are accessing and using the Download Feature is connected to the Internet via wireless connection or mobile data; and

(ii) there is sufficient storage space in the said device to store such Video Content once downloaded.

3. Service Limitations
 

3.1 Availability of Video Content. Without prejudice to Clauses 1 and 2 above, you acknowledge and agree that:
 

(a) certain Video Content offered and made available on or via the CAST App may only be available to and accessed by you within such period as we may specify from time to time, and you shall not be entitled to claim against us for any, and we shall not be liable to you or be deemed to be in breach of these CAST Terms by reason of any, delay in providing or failure to provide to you, or any inability by you to access and use, any such Video Content outside of such period;
 

(b) any downloaded Video Content may only be accessed within the CAST App on the device on which the Download Feature was used to download such Video Content for a maximum period of seven (7) days from the date such Video Content is downloaded, following which such Video Content will no longer be able to be accessed (unless such Video Content is downloaded again from the CAST App).
 

3.2 Limitations of Access. Your access to and use of the CAST App shall at all times be subject to the rights which we may have from the relevant content providers. The CAST App enables you to view Video Content, but the CAST App does not facilitate purchases of Video Content.
 

4. Usage of CAST App
 

4.1 Required Information. To facilitate your access and use the CAST App, you agree to provide us with such information as we may specify from time to time, including but not limited to the following:
 

(a) your GOMO mobile number and email address or any other social media account details, in order to login to your CAST Account on the CAST App;
 

(b) to access and use the Download Feature, mobile number;
 

(c) your email address for authentication and linking of accounts with the Third Party Sites where you access and use Third Party Content;
 

(d) access to your photo, media or files storage to allow you to store any downloaded Video Content for offline playback;

(e) access to your mobile phone status, contacts and identity for digital rights management security and verification purposes; and
 

(f) to access certain phone features (as mentioned in permission details) in order for the CAST App to work seamlessly.
 

4.2 You may stream Video Content via the CAST App on only one (1) device at any point in time.
 

4.3 Unauthorised Use of CAST App. You shall promptly notify us upon discovering any:
 

(a) inappropriate or unauthorised disclosure of and/or use of any of your details which may be required to access and use the CAST App; and/or
 

(b) inappropriate or unauthorised access to and/or use of the CAST App (whether effected using any of your details or otherwise),
 

and you shall promptly take such steps as may be specified by us in relation to the foregoing matters.
 

4.4 You are solely responsible and liable for any access to and use of the CAST App effected through your CAST Account, notwithstanding that your CAST Account may have been used by any other party without your knowledge or authority. Accordingly, you waive any claim you may now or in the future have against us, and shall fully and effectively indemnify, defend and hold harmless us from and against, any and all Losses arising directly or indirectly from or in connection with any such access and use.
 

4.5 Modifications to CAST App. Notwithstanding any other provision in these CAST Terms, we may, in our discretion, at any time modify any part of the CAST App (including but not limited to introducing new applications and modifying the user interface) without prior notice to you and without giving any reason. Such modifications shall immediately become part of the CAST App and your continued use of the CAST App shall be deemed your conclusive acceptance of the same.
 

4.6 Additional Charges. You acknowledge and agree that your use of any mobile or data services in relation to your download of the CAST App (and/or any updates thereof) and/or any use of the CAST App (including use or downloading of any feature, functionality and/or Video Content on the CAST App and/or any App Content) may entail additional charges with the relevant mobile and telecommunication service providers, and you shall be solely responsible for any such charges (where applicable).

 

5. Video Content
 

5.1 Location. By accessing the Video Content on or through the CAST Service, you represent and warrant that you are located in Singapore at the time of such purchase. Subject to Applicable Laws, should we at any time become aware that you have breached this Clause, we shall be entitled to refuse to provide the CAST Services or any Video Content or limit, vary, suspend or terminate access to or use of the CAST Services.

5.2 Use of the Video Content. You acknowledge and agree that:
 

(a) all descriptions and information relating to the Video Content are provided for convenience only, and we do not guarantee their accuracy or completeness;
 

(b) all Video Content is licensed and not sold to you (notwithstanding any indications to the contrary in the CAST Services or otherwise);
 

(c) the licence in respect of any Video Content that you access through our CAST Services is subject to the rights of the relevant Third Party Service Providers, and is limited in scope to a non-exclusive, non-transferable licence for you (and not a third party) to access such Video Content via the CAST Services, in Singapore for your personal and non-commercial use, and such licence confers no title or ownership;
 

(d) any unauthorized reproduction or distribution of the Video Content is expressly prohibited and may violate applicable law;
 

(e) you shall comply with the restrictions in respect of the Intellectual Property Rights in, to or over the Video Content as set out in the Clause on Intellectual Property Rights;
 

(f) your access to or use of the Video Content may be subject to additional restrictions which we may impose from time to time; and
 

(g) you shall not transfer the Video Content from any wireless electronic device, including devices such as personal or portable computers, mobile telephone handsets, personal digital assistants and the like.
 

5.3 Third Party Service Providers’ Rights. You acknowledge and agree that certain Third Party Service Providers shall have the right to enforce our rights in respect of your access to and use of the Content.

 

6. CAST App Notifications
 

6.1 We shall be entitled to send, and you hereby consent to us, sending and to you receiving, push notifications and SMS notifications relating to the CAST App.

 

7. Disclaimers
 

7.1 Your access to and use of the CAST App and the App Content (including content relating to third parties and/or products and/or services provided by third parties or provided on behalf of third parties) shall be solely at your own risk.

7.2 Without limitation, if you choose to access and/or use any Third Party Sites and/or Third Party Content, you acknowledge and agree that your access and/or use shall be subject to, and you shall review, accept and comply with, such terms and conditions (including any end user licence agreements) as may be applicable to such Third Party Sites and/or Third Party Content. You shall be solely responsible for any provision or submission of information by or on behalf of you on or through any Third Party Site.
 

7.3 You acknowledge and agree that your access to and use of the CAST App (or any aspect thereof) and the quality of such access and use, shall generally, in addition to the conditions referred to in Clause 1 of this Section C, be subject to the following service conditions being met:
 

(a) the model and specifications of the mobile handset or device on which the CAST App (or the relevant aspect thereof) is accessed and/or used;
 

(b) the availability and connectivity of a suitable network, infrastructure and/or platform at the time of such access and use, and the quality thereof; and
 

(c) the geographic and technical capability of the mobile networks and delivery systems (including Internet connection), and the quality thereof (including the amount of bandwidth enjoyed), at the time and location of such access and use.

1. In these CAST Terms, the following words and expressions shall have the following meanings:

2. The headings or titles to the Clauses in these CAST Terms are to facilitate reference and shall not be relied upon in the construction of any provision of these CAST Terms.